This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

37475

Vol. 63, No. 133

Monday, July 13, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV98–911–2 IFR]

Limes and Avocados Grown in Florida;

Relaxation of Container Dimension,

Weight, and Marking Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule changes the

container requirements prescribed

under the Florida lime and avocado

Federal marketing orders. The

marketing orders are administered

locally by the Florida Lime

Administrative Committee and the

Avocado Administrative Committee

(committees). This rule simplifies

container marking requirements for both

limes and avocados by reducing the

number of times the size for limes and

the grade for avocados need to appear

on a container. This rule also removes

weight limits on lime and avocado

containers packed within a master

container, and relaxes certain minimum

weight requirements on containers of

avocados. In addition, this rule

eliminates specific container dimension

requirements for both limes and

avocados, but maintains net weight

requirements. These changes will

reduce handling costs and provide

greater flexibility in lime and avocado

packing operations.

DATES: Effective July 14, 1998;

comments received by September 11,

1998 will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456, Fax: (202) 205–6632.

All comments should reference the

docket number and the date and page

number of this issue of the Federal

Register and will be made available for

public inspection in the Office of the

Docket Clerk during regular business

hours.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Marketing

Specialist, Southeast Marketing Field

Office, Marketing Order Administration

Branch, F&V, AMS, USDA, P.O. Box

2276, Winter Haven, Florida 33883;

telephone: (941) 299–4770, Fax: (941)

299–5169; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, F&V, AMS,

USDA, room 2522–S, P.O. Box 96456,

Washington, DC 20090–6456; telephone:

(202) 720–2491, Fax: (202) 205–6632.

Small businesses may request

information on compliance with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 126 and Marketing Order No. 911,

both as amended (7 CFR part 911),

regulating the handling of limes grown

in Florida, and Marketing Agreement

No. 121 and Marketing Order No. 915,

both as amended (7 CFR part 915),

regulating the handling of avocados

grown in Florida, hereinafter referred to

as the ‘‘orders.’’ The marketing

agreements and orders are effective

under the Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), hereinafter referred to

as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

Under the terms of the marketing

orders, fresh market shipments of

Florida limes and avocados are required

to be inspected and are subject to grade,

size, maturity, and pack and container

requirements. Current pack and

container requirements outline the types

of information and the number of times

this information needs to appear on a

container. The requirements also list the

specific dimensions of the containers in

which the fruit can be packed and the

weight restrictions the packed

containers must meet.

This rule makes several changes to the

orders’ pack and container rules and

regulations. This rule simplifies

container marking requirements for both

limes and avocados by reducing the

number of times the size for limes and

the grade for avocados need to appear

on a container. In addition, this rule

removes net weight limits on lime and

avocado containers packed within a

master container, and relaxes certain

minimum net weight requirements on

containers of avocados. This rule also

eliminates specific container dimension

requirements for both limes and

avocados. These changes will reduce

handling costs and provide greater

flexibility in lime and avocado packing

operations. The committees met several

times to discuss and recommend

changes needed in the container

regulations. The committees met and

unanimously recommended these

changes on July 9, 1997, August 13,

1997, and February 11, 1998.

Section 911.48 and 915.51 of the

orders provide the authority to issue

regulations establishing specific pack
37476 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

and container requirements for limes

and avocados, respectively. These

requirements are specified under

sections 911.311, 911.329 and 911.344

for limes, and under sections 915.305

and 915.306 for avocados. These

sections specify, in part, container size,

weight, and marking requirements.

This rule makes several changes to the

pack and container provisions under the

orders. The first change reduces the

number of times the size for limes and

the grade for avocados need to appear

on a container. Sections 911.311(5)(d)

and 915.306(a)(6) of the rules and

regulations outline the container

marking requirements for limes for size

and avocados for grade, respectively.

Current requirements specify that the

size for limes be marked in letters at

least one inch in height on two sides of

the container. For avocados, the grade

must be stamped in letters at least one

inch in height on the top and two sides

of the lid. This rule relaxes these

requirements by establishing that

containers be stamped only once,

anywhere except the bottom of the

container.

The size and grade information on a

container is usually applied

automatically by machine, or stamped

individually by hand. Each time a

container is stamped, there is an

associated cost. The committees

recommended reducing the number of

times a container must be stamped, as

well as expanding the possible stamp

location, to provide handlers additional

flexibility, and to reduce costs.

The committees believe this change

will benefit both large and small

packing operations. Larger operations

use automated stamping. Current

stamping requirements mean that each

packing line needs to have at least two

in-line stamp rollers or ink jet printers.

In cases where the line has only one

stamping device, the containers must be

reversed and run through the line a

second time for limes, and three times

for avocados. This can take a

considerable amount of time. This

change will allow containers to move

more rapidly through the packing line,

reduce the number of stamping

machines required, and decrease the

costs associated with these activities.

Most smaller operations stamp the

containers by hand. To meet the current

requirements, each box must be rotated

and stamped in more than one location.

This increases the time and effort

needed to pack each box. Reducing the

number of times a container must be

stamped will decrease the amount of

labor needed and the associated

stamping costs required to meet these

requirements.

The requirement that containers be

stamped more than once with size or

grade information originated from the

way limes and avocados were marketed

by retailers in the past. Limes and

avocados were, at one time, marketed

and sold out of the containers in which

the fruit was originally packed. Having

the information on the container appear

in several locations was done so that the

customer could read it. However, the

way limes and avocados are marketed

has changed. Rather than being

presented in the shipping container,

retailers move the fruit to display bins.

The stamping of containers with

required information benefits the

retailer and helps the committees’ check

that the lots (shipments) meet order

requirements. Retailers tend to buy in

large lots, purchasing a specified size

and grade. The number of times an

individual box needs to be stamped is

less important. The committees

anticipate that this change will reduce

costs and give handlers additional

flexibility under the rules and

regulations. Therefore, the committees

recommended relaxing the stamping

requirements for both limes and

avocados.

The next change this rule makes is to

the weight limits on individual

containers that are packed inside larger

master containers. Sections

911.329(a)(3) and 915.305(b) specify

that individual packages of limes or

avocados contained within master

containers are not to exceed four

pounds in weight. This rule relaxes this

weight limit, allowing packaged limes

or avocados contained within master

containers to exceed four pounds in

weight.

The committees are always looking

for ways to strengthen and expand the

market for limes and avocados. One way

they do this is through the approval of

experimental containers not currently

included under the regulations. This is

done for market research purposes. The

committees use such research to

determine the benefits and acceptance

of different containers in the

marketplace.

The use of master containers packed

with limes and avocados in packages in

excess of 4 pounds has been approved

on an experimental basis. The approvals

were made to allow handlers to meet

specific requests from their customers.

Consequently, these larger sized

packages within a master container have

been shown to have a market potential.

The committees both discussed the

merits of eliminating the four pound

limit on packages within a master

container. The committees believe this

change will provide handlers with

additional marketing flexibility,

increased sales potential, and with more

opportunities to satisfy customers with

special needs. Based on the information

collected from the use of the trial

containers, the committees

recommended that the four pound limit

on packages within a master container

be removed.

This rule also lowers certain

minimum net weight requirements for

containers of avocados. Section 915.305

specifies minimum weight requirements

for avocados packed under the

marketing order for avocados grown in

Florida. The current regulations specify

that avocados be packed in containers of

8.5, 121⁄2, 25, 32, or 34 pounds

designated net weights. This rule

reduces the net weight requirements of

121⁄2, 25, 32, and 34 pounds to 12, 24,

31, and 33 pounds, as recommended by

the Avocado Administrative Committee

(AAC). AAC members agreed that the

problems prompting this change were

more prevalent in the containers

associated with the last four weights.

Therefore, no change was recommended

for the 8.5 pound designated net weight.

Handlers use containers that are

associated by size with the minimum

weights listed under the rules and

regulations. These weight requirements

closely match the capacity of the

containers. These containers are

inspected by the Federal-State

Inspection Service (FSIS). One of the

things FSIS checks is whether the

packed containers meet the established

minimum weight requirements.

An allowable tolerance for variation

from the requirements is specified

under the rules and regulations. With

respect to each lot of containers of

minimum weights 121⁄2 and 25 pounds,

only 5 percent or less, by count, of the

individual containers in the lot may fail

to meet the applicable specified weight.

The tolerance is 10 percent for

minimum weights of 32 and 34 pounds.

If the allowable tolerances are exceeded,

the lot fails inspection and would need

to be reworked and repacked before it

could meet inspection.

Failing inspection and having to

rework a lot after it has been packed

results in a considerable loss of time

and money for the individual handler.

One AAC member used the example of

a 121⁄2 pound net weight container

packed with 16 ounce avocados in a

single layer with 12 avocados per layer

to illustrate the problem. He said that

when FSIS found the minimum weight

to be 8 ounces short in enough boxes to

exceed the tolerance, they would fail the

lot, requiring it to be redone. Handlers

then are forced to make a choice

between adding an additional avocado
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37477

to each container, or risk the possibility

of failing the minimum net weight

requirement. AAC members concurred

with the problem presented by this

particular situation. Several handlers

stated that rather than risk being

underweight, they would force an

additional avocado into the container.

The handlers agreed that in many cases,

this meant that they were literally giving

one avocado per pack away.

In addition, members stated that this

practice of over packing the containers

was having a negative effect on the

avocados during shipment. The AAC

discussed that some shipments were

being received out of the production

area in poor condition due to the over

filling of containers to ensure

compliance with the minimum net

weight requirements. The containers

were so tightly packed that the avocados

were bruised or damaged in transit.

The AAC understands the benefits of

a uniform pack. However, in this case,

the requirements were having a negative

effect on the condition of the avocados.

Changing container sizes to better

accommodate the required weights

would be difficult and costly. Handlers

have containers in inventory, and have

their equipment adjusted to those

containers. By lowering the minimum

net weights, handlers will be able to use

the boxes they have. This change will

also reduce the need to add additional

avocados to meet net weight

requirements. In addition, it will help

reduce the possibility of containers

failing the minimum weight

requirement, and save handlers the

expense of reworking failed lots of

avocados. This change also will benefit

growers by providing greater packouts

and additional grower revenue.

Therefore, the AAC recommended

lowering the minimum net weights of

121⁄2, 25, 32, and 34 pounds to 12, 24,

31, and 33 pounds designated net

weights. However, this action does not

change the established tolerances or the

requirement for a fairly tight pack.

The final change made by this rule is

the elimination of specific container

dimension requirements from both

orders’ rules and regulations. Current

requirements include dimensions for all

authorized containers of limes and

avocados, specifying specific

measurements for height, width, and

depth. This rule eliminates the specific

dimension constraints, but maintains

the container net weight requirements.

Sections 911.329 and 915.305 of the

rules and regulations outline container

dimension requirements for limes and

avocados, respectively. These sections

establish specific interior dimensions in

inches for containers approved for use

under the orders. The dimensions vary

from a small 5.5 pound container with

measurements of 71⁄2 × 117⁄8 × 41⁄4

inches to a large 42 pound container

with measurements of 123⁄4 × 151⁄4 ×

103⁄4 inches for limes. Avocados also

have similar specific interior

dimensions, from a small 8.5 pound

container with dimensions of 161⁄2 ×

131⁄2 × 31⁄4 inches to a large 34 pound

container with dimensions of 11 × 161⁄4

× 103⁄4 inches.

A recent review of the containers in

use throughout the industry revealed

that interior dimensions varied from

handler to handler, and in many cases,

were different than those specified in

the rules and regulations. Some of the

differences occurred in the box

manufacturing process, where

tolerances were granted to allow for

equipment adjustments.

While the dimensions of containers

has varied throughout the industry, the

adherence to the net weight

requirements has not. Under current

inspection procedures, the containers

are being weighed and checked for

compliance with net weight

requirements. This means that even

though container dimensions may vary

somewhat among individual handlers,

the essential volume among like

containers is the same. Therefore, rather

than revising the rules and regulations

to incorporate numerous additional

containers with specific dimensions, the

committees voted to eliminate the

references to set measurements while

maintaining the container net weight

requirements.

The committees concluded that

requiring handlers to use containers

with specific dimensions is not

necessary as long as the containers used

contain a net weight specified in the

requirements. The committees believe

that even with this change, the rules and

regulations continue to promote the

shipment of a uniform product. The

committees also anticipate that this

change will reduce costs by allowing

handlers to use boxes in inventory,

rather than ordering new containers and

making adjustments to equipment. They

thought that removing specific container

dimension requirements provided

handlers with additional packing

flexibility under the rules and

regulations. They also agreed this

change made more sense than trying to

add the dimensions of all the containers

currently in use to the requirements.

Therefore, the committees

recommended removing the regulations

requiring specific interior dimensions

for containers. However, all containers

must continue to meet the specific net

weight requirements as they appear in

the rules and regulations.

Section 8e of the Act provides that

when certain domestically produced

commodities, including limes and

avocados, are regulated under a Federal

marketing order, imports of that

commodity must meet the same or

comparable grade, size, quality, and

maturity requirements. This rule

changes the container marking and

minimum net weight requirements

currently issued under these orders.

Therefore, no change is necessary in the

lime or avocado import regulations.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA),

AMS has considered the economic

impact of this action on small entities.

Accordingly, AMS has prepared this

initial regulatory flexibility analysis.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 111 lime

producers and 141 avocado producers

in the production area and

approximately 33 lime handlers and 49

avocado handlers subject to regulation

under the marketing orders. Small

agricultural producers have been

defined by the Small Business

Administration (SBA) as those having

annual receipts less than $500,000, and

small agricultural service firms are

defined as those whose annual receipts

are less than $5,000,000 (13 CFR

121.601).

Based on the Florida Agricultural

Statistical Service and committee

information, the average on-tree price

for fresh limes during the 1996–97

season was $7.10 per 88 pound box

equivalent and shipments totaled

398,279 bushels (55 pound bushel).

Approximately 20 percent of all

handlers handled 86 percent of Florida

lime shipments.

The average price for fresh avocados

during the 1997–98 season was $14.60

per 55 pound bushel box equivalent for

all domestic shipments and the total

shipments were 937,568 bushels.

Approximately 10 percent of all

handlers handled 90 percent of Florida

avocado shipments. Many lime and

avocado handlers ship other tropical

fruit and vegetable products which are

not included in the committees’ data but
37478 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

would contribute further to handler

receipts.

Using these prices, about 90 percent

of lime and avocado handlers could be

considered small businesses under the

SBA definition and about 10 percent of

the handlers could be considered large

businesses. The majority of Florida lime

and avocado producers and handlers

may be classified as small entities.

Under § 911.48 and § 915.51 of the

marketing orders for limes and avocados

grown in Florida, the committees have

the authority to establish and modify

pack and container requirements for

limes and avocados handled under the

order. Current pack and container

requirements outline the types of

information and the number of times

this information needs to appear on a

container. The requirements also list the

specific requirements as to container

size and weight restrictions the packed

container must meet.

This rule makes several changes to

§§ 911.311 and 911.329, and §§ 915.305

and 915.306 of the rules and regulations

concerning the pack and container

requirements for limes and avocados,

respectively. This rule simplifies

container marking requirements for both

limes and avocados by reducing the

number of times the size for limes and

the grade for avocados need to appear

on a container. This rule also removes

net weight limits on lime and avocado

containers packed within a master

container, and relaxes certain minimum

net weight requirements on packed

avocados. In addition, this rule

eliminates specific container dimension

requirements for both limes and

avocados. These changes will reduce

handling costs and provide greater

flexibility in lime and avocado packing

operations.

This rule will have a positive impact

on affected entities. The changes were

recommended to reduce costs and

provide additional flexibility in packing

limes and avocados. None of the

changes are expected to increase costs

associated with the pack and container

requirements.

The change in the stamping

requirement will allow containers to

move more rapidly through the packing

line, reduce the number of stamping

machines and labor needed, and

decrease costs associated with

complying with the marking

requirements.

The committees believe this change

will benefit both large and small

packing operations. Larger operations

use automated stamping. Current

stamping requirements mean that each

packing line needs to have at least two

in-line stamp rollers or ink jet printers.

In cases where the line has only one

stamping device, the containers must be

reversed and run through the line a

second time for limes, and three times

for avocados. This can take a

considerable amount of time. This

change will allow containers to move

more rapidly through the packing line,

reduce the number of stamping

machines required, and decrease the

costs associated with these activities.

Most smaller operations stamp the

containers by hand. To meet the current

requirements, each box must be rotated

and stamped in more than one location.

This increases the time and effort

needed to pack each box. Reducing the

number of times a container must be

stamped will decrease the amount of

labor needed and the associated

stamping costs required to meet these

requirements.

The change in net weight of a

container packed within a master

container will provide handlers with

more options in how they use a master

container, and provide handlers greater

flexibility in addressing the needs of

customers.

Lowering certain minimum net

weight requirements for avocados will

reduce the practice of over filling

containers to ensure compliance with

the minimum net weight requirements.

Some handlers have been packing the

containers so tightly that the avocados

were bruised or damaged in transit. This

change will reduce the need to add

additional avocados to meet net weight

requirements, thus, saving on costs from

adding additional fruit to the containers

and damaged fruit. This change also

will help reduce the possibility that

containers will fail the minimum weight

requirement, saving the handler the

expense of reworking failed lots of

avocados. Growers also might benefit

from this change. If less fruit damage

results in increased customer

satisfaction and higher f.o.b. prices,

some additional revenue might be

passed on to the growers.

A recent review of the containers in

use throughout the industry revealed

that the interior dimensions varied with

each packer, and in many cases, were

different than those specified in the

rules and regulations. Absent this

change eliminating specific container

dimensions, some handlers would need

to bear the expense of ordering new

boxes, and take a loss on the boxes they

have in inventory, or petition the

committees to expand the list of

approved container dimensions. The

elimination of specific container

dimension requirements from both

orders’ rules and regulations will reduce

costs to handlers by allowing handlers

to use boxes in inventory, rather than

having to order new containers.

As long as the containers contain

enough limes or avocados to meet net

weight requirements, the committees

believe that different container

dimensions are not necessary. The

committees believe that even with this

change, the rules and regulations will

continue to promote the shipment of

uniform product, while providing

handlers additional latitude in their

choice of containers.

These changes are intended to reduce

costs and provide additional flexibility

for all those covered under the orders.

The opportunities and benefits of this

rule are expected to be equally available

to all lime and avocado handlers and

growers regardless of their size of

operation.

Other alternatives to the actions

approved were considered by the

committees prior to making the

recommendations. One alternative

discussed by the committees regarding

the stamping question was to require

containers to continue to be stamped on

two sides for limes, and on the top and

two sides of the lid for avocados. The

committees believed that this is a

duplicate effort that provides little

benefit and increases associated packing

costs. They rejected this alternative.

The committees also considered an

alternative to the change recommended

regarding the weight of containers

packed within a master container. The

committees discussed establishing

another net weight limitation above the

current four pound restriction.

However, the committees believed that

just increasing the weight limit would

still limit flexibility and rejected that

option.

The AAC considered several

alternatives to relaxing specific

minimum net weight requirements. One

alternative discussed was increasing the

percentage tolerance in terms of the

number of containers that could fail to

meet the weight requirements before the

entire lot would fail. Members were

concerned that raising the allowable

tolerance would have a negative impact

on the uniformity of the pack, allowing

for too much variance from the

standard. There was also concern that

this may not fully address the problem.

Even with the increased tolerance, to

avoid reaching the limit, there would

still be cause to over pack containers.

Another alternative considered was to

change the way the tolerance was

measured, changing from containers per

lot to an average of containers packed

on a given day. Under this alternative,

a handler would not know if they had

exceeded the allowable tolerance until
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37479

the end of the packing day. This would

mean that if a handler was found to be

out of compliance, they would be out of

compliance for the whole day, requiring

a rework of all the fruit packed that day

rather than only the lots that failed. The

committees also considered changing

the container requirements to specify

containers that were wider and longer

than present containers. Discussion

concluded that there were already

numerous containers and that adding or

changing several containers to cover all

the weights, sizes, and varieties would

make things more complicated. It would

also increase the financial burden by

requiring the purchase of new boxes,

and the modifying of equipment and

pallets to accommodate the change.

Therefore, the committees dismissed

these alternatives.

Two alternatives to eliminating

specific container dimension

requirements were presented for

discussion. One alternative was to leave

all lime and avocado containers as they

are now. A review of the containers in

use throughout the industry revealed

that interior dimensions varied from

handler to handler and in many cases,

were different than those specified in

the rules and regulations. However, not

making this change could result in

additional costs for handlers. The

second alternative centered on adjusting

the regulations to accommodate all the

containers currently in use. The

committees rejected the idea of adding

more containers to the regulations as

making things overly complicated with

little discernable benefit. The

committees believed that the

recommended change will continue to

promote the shipment of uniform

product, require no additional cost, and

allow handlers additional flexibility in

choice of containers. Based on this

discussion, this alternative was rejected.

This rule will not impose any

additional reporting or recordkeeping

requirements on either small or large

lime or avocado handlers. As with all

Federal marketing order programs,

reports and forms are periodically

reviewed to reduce information

requirements and duplication by

industry and public sectors. In addition,

the Department has not identified any

relevant Federal rules that duplicate,

overlap or conflict with this rule.

Further, the committees’ meetings

were publicized throughout the lime

and avocado industries and all

interested persons were invited to

attend the meetings and participate in

the committees’ deliberations. Like all

the committees’ meetings, the July 9,

1997, August 13, 1997, and February 11,

1998, meetings were public meetings

and all entities, both large and small,

were able to express their views on

these issues. Finally, interested persons

are invited to submit information on the

regulatory and informational impacts of

this action on small businesses.

After consideration of all relevant

material presented, including the

committees’ recommendations, and

other information, it is found that this

interim final rule, as hereinafter set

forth, will tend to effectuate the

declared policy of the Act.

This rule invites comments on

changes to the pack and container

requirements currently prescribed under

the Florida lime and avocado marketing

orders. Any comments received will be

considered prior to finalization of this

rule.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) Handlers are currently

shipping limes and will begin to ship

avocados shortly; (2) the committees

unanimously recommended these

changes at public meetings and

interested persons had an opportunity

to provide input; (3) this rule relaxes

container size, weight, and marking

requirements; (4) Florida lime and

avocado handlers are aware of this rule

and need no additional time to comply

with the relaxed requirements; and (5)

this rule provides a 60-day comment

period and any comments received will

be considered prior to finalization of

this rule.

List of Subjects

7 CFR Part 911

Limes, Marketing agreements,

Reporting and recordkeeping

requirements.

7 CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR parts 911 and 915 are

amended as follows:

1. The authority citation for both 7

CFR parts 911 and 915 continues to read

as follows:

Authority: 7 U.S.C. 601–674.

PART 911—LIMES GROWN IN

FLORIDA

2. In § 911.311, the introductory text

of paragraph (d) is revised to read as

follows:

§ 911.311 Florida lime pack and container

marking regulation.

* * * * *

(d) No handler shall handle any

container of seedless limes, grown in

the production area, unless such

container is marked once on the top or

on any one side of the container, not to

include the bottom, with letters at least

one inch in height with one of the size

designations shown in column 1 of the

following table: Provided, That the

number of seedless limes in a ten pound

sample of a particular size designation,

representative of the limes in the

container, corresponds to the

permissible size range in column 2 of

such table for such size designation:

Provided further, That not more than 10

percent of the containers in any lot may

fail to meet these requirements.

* * * * *

3. In § 911.329, paragraphs (a)(2)(iv)

through (a)(2)(xi) are removed, and

paragraphs (a)(2)(i) through (a)(2)(iii)

and paragraph (a)(3) are revised to read

as follows:

§ 911.329 Florida lime container

regulation.

(a)(1) * * *

(2) * * *

(i) All limes shall be packed in

containers of 5.5, 8, 10, 20, and 38

pounds designated net weights. The net

weight of the contents shall not be less

than the designated net weight. The net

weight of limes shall not exceed the

designated net weight by more than two

pounds for 10 and 20 pound containers,

and shall not exceed the designated net

weight by more than four pounds for 38

pound containers. Further, the net

weight shall not exceed the designated

net weight by more than one pound for

8 pound containers, and this container

shall be for export shipments only.

(ii) When a container of 38 pounds

designated net weight is used as a

master container for bagged limes, the

minimum net weight of limes shall be

35 pounds, provided the container is

marked ‘‘Master Container.’’

(iii) Such other types and sizes of

containers as may be approved by the

Florida Lime Administrative

Committee, with the approval of the

Secretary, for testing in connection with

a research project conducted by or in

cooperation with said committee:

Provided, That the handling of each lot

of limes in such test containers shall be
37480 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

subject to the prior approval, and under

the supervision of, the Florida Lime

Administrative Committee.

(3) The limitations set forth in

paragraph (a)(2) of this section shall not

apply to master containers of individual

packages, including individual bags of

limes: Provided, That the markings or

labels, if any, on such packages do not

conflict with the markings or labels on

the master container.

* * * * *

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

4. Section 915.305, is revised to read

as follows:

§ 915.305 Florida Avocado Container

Regulation 5.

(a) No handler shall handle any

avocados for the fresh market from the

production area to any point outside

thereof in containers having a capacity

of more than 4 pounds of avocados

unless the containers meet the

requirements specified in this section:

Provided, That the containers

authorized in this section shall not be

used for handling avocados for

commercial processing into products

pursuant to § 915.55(c). All avocados

shall be packed in containers of 33, 31,

24, 12, and 8.5 pounds designated net

weights and shall conform to all other

applicable requirements of this section:

(1) Containers shall not contain less

than 33 pounds net weight of avocados,

except that for avocados of unnamed

varieties, which are avocados that have

not been given varietal names, and for

Booth 1, Fuchs, Trapp varieties, such

weight shall be not less than 31 pounds

with respect to each lot of such

containers, not to exceed 10 percent, by

count, of the individual containers in

the lot may fail to meet the applicable

specified weight but no container in

such lot may contain a net weight of

avocados exceeding 2 pounds less than

the specified net weight, and each

avocado in such container in a lot shall

weigh at least 16 ounces, except that not

to exceed 10 percent, by count, of the

fruit in the lot may fail to meet such

weight requirement but not more than

double such tolerance shall be

permitted for an individual container in

the lot; or

(2) Containers shall not contain less

than 24 pounds net weight of avocados:

Provided, That not to exceed 5 percent,

by count, of such containers in any lot

may fail to meet such weight

requirement. All avocados packed at

this designated net weight shall be

placed in two layers and the net weight

of all avocados in any such container

shall not be less than 24 pounds:

Provided, That the requirement as to

placing avocados in two layers only

shall not apply to such container if each

of the avocados therein weighs 14

ounces or less; or

(3) Containers shall not contain less

than 12 pounds net weight of avocados:

Provided, That not to exceed 5 percent,

by count, of such containers in any lot

may fail to meet such weight

requirement. All avocados packed at

this designated net weight shall be

placed in one layer only and the net

weight of all avocados in any such

container shall not be less than 12

pounds; or

(4) Containers shall not contain less

than 8.5 pounds net weight of avocados:

Provided, That not to exceed 5 percent,

by count, of such containers in any lot

may fail to meet such weight

requirement. All avocados packed at

this designated net weight shall be

placed in one layer only and the net

weight of all avocados in any such

container shall not be less than 8.5

pounds. Such containers shall be for

export shipments only.

(5) Such other types and sizes of

containers as may be approved by the

Avocado Administrative Committee,

with the approval of the Secretary, for

testing in connection with a research

project conducted by or in cooperation

with said committee: Provided, That the

handling of each lot of avocados in such

test containers shall be subject to prior

approval, and under the supervision of,

the Avocado Administrative Committee.

(b) The limitations set forth in

paragraph (a) of this section shall not

apply to master containers for

individual packages of avocados:

Provided, That the markings or labels, if

any, on the individual packages within

such master containers do not conflict

with the markings or labels on the

master container.

5. In § 915.306, paragraph (a)(6) is

revised to read as follows:

§ 915.306 Florida avocado grade, pack,

and container marking regulation.

(a)* * *

(6) Such avocados when handled in

containers authorized under § 915.305,

except for those to export destinations,

are marked once with the grade of fruit

in letters and numbers at least one inch

in height on the top or one side of the

container, not to include the bottom,

effective each fiscal year from the first

Monday after July 15 until the first

Monday after January 1.

* * * * *

Dated: July 7, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–18459 Filed 7–10–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 3

[Docket No. 98–044–1]

Animal Welfare; Primary Enclosures

for Dogs and Cats

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations under the Animal Welfare

Act pertaining to primary enclosures for

dogs and cats by removing the

requirement that primary enclosures

with flooring made of mesh or slatted

construction include a solid resting

surface. This requirement was

erroneously added in a recent final rule

that amended the requirements for

primary enclosures for dogs and cats to

prohibit bare wire flooring in such

enclosures. However, we do not believe

that it is necessary for primary

enclosures with acceptable flooring of

mesh or slatted construction to include

a solid resting surface. Therefore, this

action relieves an unnecessary and

unintended requirement.

DATES: Interim rule effective July 14,

1998. Consideration will be given only

to comments received on or before

September 11, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–044–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 98–044–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Stephen Smith, Staff Animal Health

Technician, Animal Care, AC, APHIS,

4700 River Road Unit 84, Riverdale, MD

20737–1234, (301) 734–4972.